My Tenant's Assistance Animal Damaged the Unit. Can I Still Charge for It?

Published August 10, 2026

You cannot charge a pet deposit or pet fee for a service animal or emotional support animal, but you can still bill for actual damage the animal causes, beyond ordinary wear and tear, the same as any other tenant caused damage.

The short answer

Yes. You cannot collect a pet deposit, pet rent, or extra fee for a service animal or an emotional support animal under California Code of Regulations, title 2, section 12185(d). But that rule only bars a fee tied to having the animal. Actual damage the animal causes beyond ordinary wear and tear can still be charged against the security deposit or billed directly, the same as damage from any tenant, guest, or object in the unit.

Last verified: August 10, 2026

Why the fee ban and the damage rule are not the same rule

These get confused constantly, because both involve money and both involve an animal. They come from different legal ideas.

The fee ban exists because charging extra to live with an assistance animal treats a disability accommodation as a privilege the tenant pays for, which defeats the purpose of a reasonable accommodation. California's regulation is direct about it: an individual with an assistance animal "shall not be required to pay any pet fee, additional rent, or other additional fee, including additional security deposit or liability insurance," per Code of Regulations, title 2, section 12185(d). That applies even if you charge every other tenant a pet deposit for pets generally.

The damage rule exists because a landlord's right to be made whole for actual property damage does not evaporate because the thing that caused the damage was a disability accommodation. The same regulation continues in that subsection: the individual "may be required to cover the costs of repairs for damage the animal causes to the premises, excluding ordinary wear and tear."

So the accommodation changes what you can charge going in. It does not change what you can charge coming out, if there is real damage.

Where this sits inside your normal security deposit process

California's general security deposit statute, Civil Code section 1950.5, does not mention pets or assistance animals at all. It defines what counts as "security," a payment or deposit imposed at the start of a tenancy, and it lists what a landlord may deduct that security for: unpaid rent, repair of damage caused by the tenant or their guests beyond ordinary wear and tear, and cleaning necessary to return the unit to its condition at move-in, for tenancies that began on or after January 1, 2003.

This means you handle assistance animal damage exactly the way you handle any other move-out damage. There is no separate assistance animal deposit to draw from, because you were never allowed to collect one. The damage simply goes into the same deduction bucket as a hole in the drywall or a broken cabinet door, itemized against the tenant's existing security deposit under section 1950.5, with the usual requirement to document the damage and its repair cost.

If the deposit does not cover it, you are in the same position you would be with any tenant whose damage exceeds their deposit: pursuing the balance as a separate claim.

| Situation | Can you charge? | Where it comes from |

|---|---|---|

| Extra deposit just for having the animal | No | Code of Regulations, tit. 2, section 12185(d) |

| Monthly "pet rent" for the animal | No | Code of Regulations, tit. 2, section 12185(d) |

| Requiring the tenant to carry liability insurance on the animal | No | Code of Regulations, tit. 2, section 12185(d) |

| Chewed baseboards, urine stained carpet, scratched flooring | Yes, actual repair cost | Code of Regulations, tit. 2, section 12185(d); Civil Code section 1950.5 |

| Normal shedding, minor scuffing from typical use | No, that is ordinary wear and tear | Civil Code section 1950.5 |

What "ordinary wear and tear" excludes you from charging for

The hard line in practice is the wear and tear boundary, and it is the same line that applies to human tenants. A carpet that looks slightly matted after three years of a dog walking on it is wear and tear. A carpet with urine soaked through the padding is damage. A door with a small scuff near the base is wear and tear. A door with a hole chewed through it is damage.

Document the unit's condition at move-in and at move-out the same way you would for any tenant, with photos and a written condition report. That record is what lets you distinguish billable damage from normal use if the deduction is ever disputed, and it protects the tenant from being charged for deterioration that would have happened regardless of the animal.

What you cannot do in response to damage

You cannot use damage, or the risk of damage, as a reason to retroactively deny or revoke the accommodation, except through the same case by case direct threat and substantial damage standard that applies to any accommodation denial under section 12185(c). A single incident of chewing a baseboard does not meet that bar. The regulation's own example involves a pattern of behavior, such as a dog that repeatedly tries to bite people, not an isolated repair bill.

You also cannot single out tenants with assistance animals for a stricter move-out inspection or a different damage standard than you apply to everyone else. The repair charge has to be for damage that would be chargeable to any tenant under section 1950.5, evaluated the same way.

FAQ

Can I ask the tenant to pay for damage before move-out, instead of waiting to deduct it from the deposit?

You can address a serious ongoing issue during the tenancy as you would with any lease violation, but the standard deposit process for move-out damage runs through the itemized deduction and accounting required under Civil Code section 1950.5.

What if the damage costs more than the security deposit?

You can pursue the tenant for the balance beyond the deposit, the same as with any tenant whose damage exceeds their deposit. This is a normal debt claim, unrelated to the fair housing accommodation.

Can I require the tenant to get renter's insurance that covers the animal, instead of a deposit?

No. Section 12185(d) bars requiring liability insurance covering the assistance animal as a condition of the accommodation.

Does it matter whether the animal is a trained service animal or an emotional support animal?

No. The fee prohibition and the damage liability rule in section 12185(d) apply to assistance animals generally, covering both service animals and emotional support animals.

Can I charge more if the property allows pets and charges a pet deposit to everyone else?

No. The regulation specifically states the fee cannot be charged "even if they charge other tenants such additional fees, deposits, or rent" for pets generally.

This article is general information, not legal advice. Confirm your specific situation with a licensed California attorney before acting on it.

sources:

• "https://www.law.cornell.edu/regulations/california/2-CCR-12185 = California regulation text at section 12185(d): no pet fee, pet rent, additional deposit, or liability insurance requirement for assistance animals, but damage repair costs beyond ordinary wear and tear may be charged"
• "https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Emotional-Support-Animals-and-Fair-Housing-Law-FAQ_ENG.pdf = CRD FAQ #10 confirming the fee ban applies even where other tenants are charged pet fees, and FAQ #8 on the direct threat and substantial damage denial standard"
• "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5 = Civil Code section 1950.5 definition of security, permitted deductions for damage beyond ordinary wear and tear, and confirmation the statute contains no pet deposit or assistance animal provisions"

unconfirmed:

• "No published California appellate case was retrieved specifically applying section 12185(d) to an assistance animal damage dispute; the analysis here is based on the regulation's plain text."

Topics: compliance, fair housing, assistance animals, security deposits, Civil Code 1950.5, California landlord law

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